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03-06-1989 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. MARCH 6. 1989 e MEMBERS PRESENT: Mayor Tralle. Councilmembers Kropuenske. Dobel. Schuldt. Holmgren MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers. City Administrator; Stephen Rohlf. Building and Zoning Ad.ministrator; Richard Fursman. Economic Development Coordinator 1. Pursuant to due call and notice thereof the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consideration of 3/6/89 City Council Agenda COUNCIL MEMBER DOBEL MOVED TO APPROVE THE 3/6/89 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consideration of 2/27/89 City Council Minutes COUNCILMEMBER COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 2/27/89 CITY COUNCIL MINUTES. KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 4. Open Mike 4.1. City Building and Zoning Administrator, Stephen Rohlf, was present to discuss with the City Council a legal issue that has come to the attention of the City Staff that relates to the approval of the final plat for the replatting of Block 2, Barrington Place PUD. On 2/13/89 the City Council approved the final plat which called for 19 residential single-family lots. The legal question presented to the staff after this approval was that some of the lots in this subdivision did not meet an 80% guideline for minimum lot size. Stephen explained that when the PUD was approved the minimum lot size was 6.500 square feet. The guideline for lots within the PUD call for all single-family lots to be within 80% of this requirement. which would be 5.200 square feet. Stephen noted that the language listed in the PUD agreement states that lots should be within this square footage framework. The language does not say shall or must, but uses the phrase "should be" which allows for City Council discretion and flexibility. e Stephen indicated that there are three basic options available to the City Council. The first option is to require these lots in this plat to meet 80% of the existing minimum square footage per lot, which is now 10,000 square feet. A second option is have all of the lots meet the 80% guideline of the old residential standard of 6.500 square feet. The third option is to do nothing and have the plat approval stand because the lot average is in excess of 5.200 square feet. Stephen indicated that this is very much a City Council decision and that the staff cannot make a determination because this type of decision falls outside of our line of authority. Page 2 City of Elk River City Council Minutes March 6. 1989 e The City Council discussed the phrasing of the PUD agreement. including the word "should." It was noted that the Planning Commission is reviewing the m~n~um lot size requirements for this type of clustered development. It was also noted that this rule was in place when Presidential Estates was established and that some these lots are smaller than 5.200 square feet. which indicates some of these lots were approved smaller than the mimimum allowed. COUNCIL MEMBER HOLMGREN MOVED TO ACCEPT THE FINAL PLAT FOR REPLATTING OF BLOCK 2. BARRINGTON PLACE PUD AS PREVIOUSLY APPROVED ON 2/13/89. COUNCIL MEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. Councilmember Schuldt voted in opposition of the motion. based on his belief that all of these lots should meet the guideline as outlined in the PUD agreement. Councilmember Kropuenske abstained. 4.2. Stephen Rohlf informed the City Council that he has heard discussions regarding the use of Jackson Square as a potential development site. Stephen reviewed with the City Council the Quit Claim Deed the City obtained for this property. It states in this deed that the City is receiving this property only for park and street purposes. The City does not have authority to sell this land. and it must remain in City ownership. Therefore. any developers interested in this property should be informed that such a development is not legal or acceptable. e 4.3. The Building and Zoning Administrator informed the additional tests are being completed at the Morrell site to ensure that there are no problems with property. The tests are being supervised by Liesch should be available within a short period of time. City Council that Transfer Trucking the soils on this and Associates and 4.4. The Building and Zoning Administrator informed the City Council that some residential property owners in the vicinity of Landfill have already started to use bottled water for their consumption purposes. Retests of the wells that showed contaminants is planned for Wednesday. March 8. 1989. and the samples will be split between the Landfill and the PCA. Two other sites will not be split by the PCA and the Landfill. but the City will step in and split these samples with the Landfill. 4.5. Stephen informed the City Council that the only Planning Commission member that has expressed interest in attending a National Planning Conference is Chairman. Peter Kimball. The City Council had no problems with Peter attending this April. 1989. National Conference. 5. Transient Merchant License Request from Robert Madland/Public Hearing e Mayor Tralle indicuted that Mr. Robert Madland is again applying for a transient merchant license to sell flowers on Holidays and weekends. Mr. Madland has received permission from the City the past few years to sell these flowers at the Northbound Liquor Store parking lot. This year Mr. Madland is also requesting permission to sell the flowers at the Municipal Liquor Store parking lot and at Mr. Chip Martin's commercial building sites located on the north side of Highway 10. around the Norfork Avenue area. Page 3 City of Elk River City Council Minutes March 6. 1989 -------------------------------------- e Mayor Tra11e opened the public hearing. Mr. Robert flowers in appreciates noted that past. Mad1and introduced himself and indicated he has been selling the community in the past twelve years. and that he City Council consideration of his application. He further there has been no further problems with this activity in the Mayor Tra11e closed the public hearing. Mayor Tra11e reviewed with the City Council the 3/1/89 memo from Deputy City Clerk. Sandy Thackeray. on this application. The Mayor noted that Liquor Store Manager. Fritz Do1ejs has the discretion to request Mr. Mad1and to stop selling flowers and move to a different site during certain busy weekends. as this could interfer with an already congested traffic situation. Mr. Mad1and indicated that typically they only sell flowers for two weekend throughout the year. These two weekends are Mothers Day and Easter Weekend. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE APPLICATION AS SUBMITTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. e Discussion on the motion took place. as the Mayor asked the Council to consider whether or not it was appropriate to allow a transient business to sell a product on City property when the City has competing businesses paying taxes in the community. It was noted that the flower selling by Mr. Mad1and is only in competition with local businesses part of the weekends and at other times. is an additional service to the community. COUNCIL MEMBER KROPUENSKE MOVED TO AMEND HIS MOTION TO ALLOW ONLY THE SELLING OF THE FLOWERS BY MR. MADLAND ON PRIVATE PROPERTY. AND NOT AT THE MUNICIPAL tIQUO~ STORE LOCATION. COUNCIL MEMBER HOLMGREN WITHDREW HIS ORIGINAL SECOND TO THE MOTION. COUNCILMEMBER DOBEL SECONDED THE MOTION. AND COUNCILMEMBER DOBEr.. ALSO SECONDED THE AMENDMENI' TO THE MOTION. THE AMENDMENT PASSED 3-2. Counci1members Holmgren and Schuldt voted against the amendment to the motion. THE ORIGINAL MOTION TO APPROVE THE APPLICATION. AS AMENDED. WAS APPROVED 5-0. 6. Consideration of Assessment Manual Revisions The City Administrator explained the revisions in the 8/10/87 Assessment Manual as outlined in the 3/1/89 memo from the City Engineer. It was noted that the Assessment Manual has been reduced in scope through the creation of a Design Standards booklet. This allowed some the technical information to be removed from the Assessment Manual and to be put in a separate location that will clearly outline development requirements for any individual wishing to pursue Municipal Infrastructure Improvements. e e e e Page 4 City of Elk River City Council Minutes March 6, 1989 It was noted that most of the changes are somewhat minor and that the City Attorney needs to add some very general language on pages 18 and 19 of the document that will allow the City Council, by resolution, to set the assessment rates for street reconstruction projects. It was noted that this flexibility is desired because the cost of the improvements can change from year to year and that the City standard used in the past is at an unacceptably low level. The City Administrator noted that if the Assessment Manual was approved at this meeting, then the City Council would be considering a resolution in April or May that would establish these assessment rates. COUNCIL MEMBER HOLMGREN MOVED ASSESSMENT MANUAL AS SHOWN ACCEPT THE CITY DESIGN ST DOBEL SECONDED THE MOTION. T TO APPROVE THE REVI SIONS TO THE CITY N THE REVISED MARCH, 1989, DOCUMENT AND TO ARD S DOCUMENT AS PRESENTED. COUNCILMEMBER MOTION CARRIED 5-0. The City Council took a five m"nute break. 7. Economic Deve opment Coordinator, Richard Fursman Mr. Fursman began his repor by indicating that unlike other City Departmental reports, the Eco omic Development report only covers a span of nine months. Dick was hi ed by the City and began work on March 28, 1988. Therefore, the City E onomic Development Department is less than one year old and basically in its infancy stage of development. Although there has been a g eat deal of growth and maturity within the department, and on the part 0 the EDA, it is still widely accepted that there remains a significant amount of work before the department is on solid ground and efficently organized. Dick reviewed his report with the City Council and discussed the challenges of getting started in the position and getting organized; his efforts to be visible and identified as the City Economic Development Department; major projects that have been worked on in 1988; the Revolving Loan Program; the Business Retention Survey's and Tax Increment Financing. The list of major projects that have been undertaken or involved with the City Economic Development Department in 1988, the list includes Alltool Manufacturing, the Railroad Trail Grant, the Jenne Hardware Store Project, the Riverpark, and the old courthouse project. The Jenne Hardware Store Project received additional discussion by tbe City Council. It was the City Council consensus to continue to work on this project and if approached by Ms. Jenne tbat the City would explore the possibility of purchasing the former hardware and dentist office site if the Hardware Store Project were to be located on a different piece of property. The Revolving Loan Program received additional discussion by the City Council. The Council stressed the importance of this economic development tool and the need for the finance committee to get active immediately in reviewing guidelines and policies for the implementation of this program. e e e Page 5 City of Elk River City Council Minutes March 6, 1989 -------------------------------------- Mr. Fursman also provided the Council with an update on a National Conference he will be attending as part of a three year program from the Economic Development Institute to receive certification in the field of Economic Development. The first year of this program will be in April, 1989. This City Council supported Dick's attendance at this institute and for Dick's completion of the three year program. 8. Check Register COUNCIL MEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCIL MEMBER DOBEt SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.1. Girl Scout Week Proclamation Mayor Tralle reviewed the Girl Scout Proclamation with the City Council and signed the proclamation, thereby proclaimed the week of March 12 to March 18, 1989, as Girl Scout Week in Elk River. 9.2. City Administrator Update A. The City Administrator informed the City Council of a Tuesday, March 7, 1989 Recycling Task Force Meeting that will be held at City Hall at 7:00 p.m. B. The City Council was informed that the advertisement in the spring preview of homes brochure, that the City has authorized in the amount of $660.00, will be combined with the Chamber advertisement so that a one full page ad can be included in this brochure. This ad will encourage economic development in Elk River. C. The City Administrator informed the City Council that he would be having lunch with the School Superintendent, Dr. Flannery, to discuss long range plans of both governmental agencies. D. The City Administrator informed the City Council that Juvenile Officers, Bryan Vita and Steve Miller, would be on KSTP Radio April 2, 1989, from 11:00 a.m. to noon. E. The City Administrator with the appraisers anticipated that the appraisals for three Counc il . informed the City Council that a staff meeting is scheduled for March 8, 1989. It is staff will receive a draft report of the pieces of property as authorized by the City F. The City Administrator distributed a March 1, 1989, letter from Planning Commissioner, Rita Johnson, that discusses Planning Commission training. The City Administrator distributed a letter dated March 1, 1989, from Barbara Rakozy, Sherburne County Atrium Committee, that thanks the City for its contribution to the Atrium. The City Administrator distributed a letter from Pastor David E. Bosshardt of the United Methodist Church. This letter thanked the Police Department for the presentation by D.A.R.E. Officer, Bryan Vita. e e e City of Elk River City Council Minutes March 6. 1989 -------------------------------------- 10. Adj ournment COUNCILMEMBER HOLMGREN MOVED MEETING. COUNCILMEMBER DOBEL 5-0. TO ADJOURN THE ELK SECONDED THE MOTION. Page 6 RIVER CITY COUNCIL THE MOTION CARRIED The meeting of the Elk River City Council adjourned at 9:10 p.m. Respectfully submitted. 7/}J ;g;~ Patrick D. Klaers City Administrator